SANTOSH KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) SANTOSH Kumar Mohaoatra is the petitioner in O. J. C. No. 1006/69. He was taken into custody by the police acting under Section 151 of the Cr. P. C. and was produced before the Sub-Divisional Officer, Berhampur, on 21-7-69. The magistrate remanded him to jail custody. Subsequently he was released on bail on 21-8-69. He was re-arrested at the jail gate and detained by Order No. 2316/69 dated 21-8-69 passed by the District Magistrate, Ganiam, in exercise of powers conferred on him by Section 3 (2) of the Preventive Detention Act, 1950 (4 of 1950 ). The petitioner was arrested under this detention order on 21-8-69. The grounds for detention were served on the petitioner on 25-8-69, under Section 7 of the Preventive Detention Act. The petitioner made a full and complete representation, through a personal hearing before the Advisory Board which was of opinion that there was sufficient cause for detention of the petitioner. The government of Orissa thereafter confirmed this detention order in exercise of the powers conferred under Sub-section (1) of Section 11 of the Preventive Detention act and directed continuance of his detention for 12 months with effect from 22-8 69. Thereafter the present petition for issuance of a Writ of Habeas Corpus was filed on 14-11-69.

(2.) BHAGIRATHI Misra is the petitioner in O. J. C. No. 1007/69. He was arrested by the police under Section 151, Cr. P. C. and produced before the Magistrate on 217-69. The Magistrate remanded him to jail custody. Subsequently he was released on bail. While corning out of jail, he was again apprehended on 21-8-69 at the iail gate on the authority of an order, No. 2314/69 dated 21-8-69 passed by the district Magistrate, Ganiam, in exercise of powers conferred on him by Section 3 (2) of the Preventive Detention Act, 4 of 1950. This order of detention was served on the petitioner that very day, and he was furnished with the grounds of detention on 25-8-69 under Section 7 thereof. This detenu made his representation through a personal hearing to the Advisory Board which expressed its opinion that there was sufficient cause for his detention. On Receipt of the report of the Advisory Board, Government of Orissa confirmed the detention order in exercise of powers under Section 11 (1) of the Act and directed continuance of the said detention for a period of twelve months from the date of detention. Hence this petition was filed under Article 226 of the Constitution of India and under section 491, Cr. P. C. on 14-11-69 for an order directing his release.

(3.) THE detention order in respect of each of these two petitioners is in identical term. One such detention order is, therefore, extracted herein below for reference: